Regardless of the reasons for the call, can you really pursue damages from someone who made a good faith call to emergency services?
Yes, you can try to sue for anything. Also, yes, because the lawyer will try to show it was not "good faith" but a failure of software that caused the tragedy. I'm sure the discovery stage will yield enough to make it painful for Facebook. The current feelings about Facebook are going to come up.
A EULA will not protect you from the families of dead people.
> the lawyer will try to show it was not "good faith" but a failure of software
AFAIK, the phone calls are being placed by Facebook employees, not software. Presumably, these employees have to look at the actual post content to even be able to make a coherent phone call. You would have to argue either that the employee was incompetent, or that the employee was coerced into making an inappropriate call.
What’s the chance that the employees are licensed social workers or psychologists? Also, the software used in the initial data mining is going to come up. I expect discovery is going to be really painful.
Yes, you can try to sue for anything. Also, yes, because the lawyer will try to show it was not "good faith" but a failure of software that caused the tragedy. I'm sure the discovery stage will yield enough to make it painful for Facebook. The current feelings about Facebook are going to come up.
A EULA will not protect you from the families of dead people.